CPL GAURAV BADHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Cpl.Gaurav Badhwar was enrolled as an Air Craftman in the Indian Air Force at the tender age of 171/2 years in the trade of instrument fitter. It is apparent that he comes from a humble background and was compelled to earn for his living at the tender age of 17 years and 6 months. He is a hardworking fellow and not only earned bread and butter to support himself, and his parents, but continued to educate himself while in service and obtained AMIE Degree from the Institute of Engineers Calcutta which is equivalent to a Bachelors Degree in Engineering. He earned a promotion to the rank of a Corporal in September, 2008 on which post he is working for last over 6 years and in all likelihood would become a Sergeant in the year 2018. On December 05, 2012, he came across an advertisement issued by the Punjab State Power Corporation Ltd. inviting applications from eligible candidates for the post of Assistant Engineer (OT)/Electrical in the pay scale Rs. 16650- 39100 + grade pay Rs. 5,800/- as also the post of Junior Engineer/Electrical in the pay scale Rs. 10900-34800 + grade pay Rs. 4,350/-. As per Air Force Order No.14, dated September 19, 2008, he was eligible to apply for both posts, which are in Group 'B' inasmuch as the order contemplates that Air Force personnel who have rendered 7 years' service would be eligible to apply for a Group 'B' post. However, the right to be given a discharge from the Air Force is not absolute. As per the policy, applications received from Airmen belonging to critical trades are liable to be rejected.

(2.) Cpl.Gaurav Badhwar was successful at the selection for the post of Junior Engineer and thus on November 07, 2013 he submitted an application seeking discharge from the Indian Air Force. The Chief of Aircrafts recommended on November 08, 2013 that his request should be accepted, but the request was declined vide communication dated November 13, 2013 on the ground that there is criticality in the trade. Cpl.Gaurav Badhwar has to rush to this Court because the Punjab State Power Corporation Ltd. issued letter offering appointment on June 03, 2014.

(3.) Cpl.Gaurav Badhwar made another application on June 11, 2014 to be discharged, which was rejected and a few weeks prior thereto on May 13, 2014 was issued an order directing him to undergo a Modern Generation Aircraft Cross-Training Course relating to the subjects of Electrical, Radio and Radar.